Twk & 2 others v Rkt

3. i. That on or about 4th July 2023 TWK, JTK, AWK and EWK were appointed as the legal managers and guardians of RKT(hereinafter subject) ii. That the said legal managers and guardians are the wife and 3 children of the patient. iii. That the subject has remained with severe neurological deficits and he cannot communicate or ambulate and is assisted to feed. He remains wheel chair bound. iv. That the patient's doctors have recommended that he requires long term care including medications, physiotherapy and occupational therapy and clinic follow up which is expensive and requires a steady source of income. v. That the family spends approximately Kshs. 350,000/= per month to cater for the pants nursing care, therapist, doctor's review, medication, diet and his caregivers. vi. That the family's only source of stable income is the profits/ drawings from their business Apex Coating East Africa Limited where TWK, JTK, AWK and EWK work in various managerial positions. vii. That this has resulting in the draining of the cash reserves of Apex Coating East Africa Limited and the company is not able to sustain this kind of expenses even in the short term. viii. That the Applicants have been planning to develop a prime piece of land at Utawala Ruai in Kasarani Sub - County, to wit, Nairobi/Block XXX/1XXX where they intend to put up a petrol station to ensure that they have a guaranteed source of income but have not able to do so due to a scarcity of resources. ix. That as per the aforesaid Bill of Quantities the cost of putting up the petrol station is Kshs. 41,747,372.90/=.The Applicants have deliberated and agreed that it would be in the best interest of the Estate of the patient if an idle piece of land, to wit, land parcel Nairobi/Block 118/1XXX situated in Kamulu be sold and the proceeds thereof utilized to develop Nairobi/ Block XXX/1XXX. x. That the value of the idle land, to wit, parcel Nairobi/Block 118/1XXX is approximately Kshs. 20,000,000/= and the proceeds of the same will not be enough to put up the said petrol station and therefore the family has also deliberated and agreed that the surplus funds be sourced from the mortgaging and/or charging of land parcel Nairobi/Block XXX/1XXX where the petrol station will be erected. xi. That pursuant to Section 27 (1) of the Mental Health Act CAP 248 Laws of Kenya the Applicants cannot charge, mortgage or transfer by sale the immovable properties of the Estate of the patient without special permission from this Honourable court. The application was supported by a joint affidavit sworn on even date by the applicants in which the applicants reiterated that grounds of the application. This application was canvassed by way of viva voce evidence on the online platform. This court observed the subject and he was in bed and unable to speak. 4. AWK testified that the subject is her father and she is one of the appointed guardian in 2023. She testified the subject health is improving and he is still on medication and physiotherapy. She testified the subject stay in Kiserian with their mother and a 24 hour care giver. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4072/eng@2026-03-12 2

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5. TWK testified that the subject is her husband and she was appointed as his guardian. It was her testimony that they want to sell plot Nairobi/Block 118/1XXX in Kamulu. It is empty plot and it is registered in the name of subject. She testified that they want to sell it at 18 million and use proceeds to develop plot Nairobi/Block XXX/1XXX along Eastern By Pass that is registered in the name of the subject. It was her testimony that they want to charge Nairobi/Block XXX/1XXX to KCB for Kenya Shillings forty million(Kshs.40,000,000/=) and she prays for permission to do so. EWK testified that he is a co-guardian of the subject and he support the application. Joseph Tutama Kibiru testified that he is a co-guardian and he support the application. 6. The applicants also filed an inventory dated 27th October,2025 and a valuation report dated 7th November,2025 in support of the application. 7. From the application and materials filed in court the main issue for determination is whether this court should authorize the applicants to sell plot Nairobi/Block 118/1XXX in Kamulu and utilize the proceeds to develop land parcel Nairobi/Block XXX/1XXX. 8. It is not in dispute that this court declared the subject mentally ill and by an order issued on 28th July,2023 appointed AWK,TWK and JTK as guardians and managers of the estate of the subject RKT. The subject has properties Nairobi/Block 118/1XXX and land parcel Nairobi/Block XXX/1XXX and both are registered in his name. 9. The applicants stated that the subject has remained with severe neurological deficits and he cannot communicate or ambulate and is assisted to feed and he remains wheel chair bound. The applicants stated further the patient's doctors have recommended that he requires long term care including medications, physiotherapy and occupational therapy and clinic follow up which is expensive and requires a steady source of income.The applicants contend that the family spends approximately Kshs. 350,000/= per month to cater for the pants nursing care, therapist, doctor's review, medication, diet and his caregivers. The applicant contend the family's only source of stable income is the profits/ drawings from their business Apex Coating East Africa Limited and this has resulted in the draining of the cash reserves of Apex Coating East Africa Limited and the company is not able to sustain this kind of expenses even in the short term. The applicants informed court they have been planning to develop a prime piece of land at Utawala Ruai in Kasarani Sub - County, to wit, Nairobi/Block XXX/1XXX where they intend to put up a petrol station to ensure that they have a guaranteed source of income but have not able to do so due to a scarcity of resources. This has necessitated them to deliberated and agreed that it would be in the best interest of the Estate of the patient if an idle piece of land parcel Nairobi/Block 118/1XXX situated in Kamulu is sold and the proceeds thereof utilized to develop Nairobi/Block XXX/1XXX. 10. The applicants have also stated they valued Nairobi/Block XXX/1XXX at Kshs.20,000,000/= and they have attached a copy of the valuation report in support. The applicant stated further that if Nairobi/Block XXX/1XXX is sold the funds will not be sufficient to set up a petrol station on Nairobi/Block 118/1XXX and the applicants therefore need to charge/mortgage property Nairobi/ Block XXX/1XXX so that they are able to secure a loan for the development and setting up of a petrol station. It is applicants’ contention that they can only carry out the above activities in respect of the subject’s estate with the authority of this court 11. I have considered the applicants reason and evidence on why they want to sell and mortgage part of subject’s estate. The applicants have given sufficient explanation and evidence in support of the purported sale of land parcel Nairobi/Block 118/1XXX and mortgage/charge over Nairobi/Block XXX/1XXX so as enable them set up a petrol station Nairobi/Block XXX/1XXX. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4072/eng@2026-03-12 3

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12. 13. Section 28 of the provides the duties of the Manager as follows: 1. Where a manager is appointed under this Part, the court may, upon considering the nature of the property whether movable or immovable, and subject to subsection (2), make such orders as the court may consider necessary for the management of the estate by the manager. 2. The manager shall not, without the approval of the court—a.mortgage, charge or transfer by sale, gift, surrender or exchange any immovable property of which the estate may consist;b.lease any such property for a term exceeding five years; or c. invest in any securities other than those authorized under the Trustee Act. 3. A manager shall not invest any funds or property belonging to the estate managed under this section: a. in any company or undertaking in which the manager has an interest; or b. in the purchase of immovable property under the authority of section 4 (1) (d) of the Trustee Act without prior consent of the court. 4. A manager shall perform the manager's duty under this Act responsibly taking into account the best interests of the estate of the person who is suffering from mental illness. 5. Every conveyance or other instrument made pursuant to an order of the court under this Part shall be valid.’’ Relying on the above provisions of law, I find that it is in the best interest of the subject and his estate that this court allow and authorize sale of Nairobi/Block 118/1XXX and also allow the managers to mortgage or charge property Nairobi/Block XXX/1XXX. In light of the foregoing, I allow the application dated 23rd July,2025 in the following terms; i. The Applicants Teresa Wanjiru,AWK and EWK are hereby is authorized to sell land parcel Nairobi/Block 118/1XXX situated in Kamulu; the selling price shall not be less than the value stated in the valuation reports. ii. Upon conclusion of sale, the proceeds shall be deposited into the Subject’s bank account within 30 days of the sale and may be applied to such investments for the benefit of the estate. iii. The managers TWK, AWK and EWK are hereby authorized and granted power to mortgage, charge, execute charge or mortgage documents or other instrument of security in respect of land parcel Nairobi/Block XXX/1XXX registered in the name RKT. iv. The managers Teresa Wanjiru,AWK and EWK are hereby directed to file accounts regarding the estate’s administration within 180 days. These accounts should include the items listed below and any other relevant information regarding the administration of the estate; a. Report on the authorized sale above; b. Report on the immovable property owned by the estate; c. The status of the subject’s bank accounts; d. Mention on ………….2026 to confirm filing. DATED AND DELIVERED AT Nairobi THIS 12TH DAY OF MARCH 2026. ……………….. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4072/eng@2026-03-12 4

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S. N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4072/eng@2026-03-12 5

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